Continuously serving Kosciusko County since 1854
Kosciusko County Det. Sgt. Joe Mooney will be on administrative leave next week while an investigation is conducted into the case in which Mooney was accused of withholding evidence.
According to Sheriff Al Rovenstine, three officers - Capt. Burdell Blackburn, Lt. Tom Kitch and Det. Sgt. Tom Brindle - are assigned to "review and reinvestigate all aspects of the Montgomery case."
That investigation will include, Rovenstine said, "opening of all files, interviewing all witnesses, officers, and the legal system involved in this situation, with the intent of presenting the strongest criminal case possible and answering all questions in the mishandling of information."
In the Montgomery case, Raymond Montgomery, 22, of South Bend, was charged with attempted murder of Luis Martinez Diaz, Warsaw, in a Leesburg shooting in October 1995.
Kosciusko County Prosecutor David Kolbe filed a motion in Kosciusko Superior Court Tuesday to dismiss the case because he alleged crucial information was withheld by Mooney during the investigation.
Kolbe also asked Rovenstine to assign another officer to completely reinvestigate the case.
"I'm very pleased with the sheriff's prompt response and applaud his efforts to reinvestigate this case as was my specific request," Kolbe said this morning. "I informed Montgomery's attorney that if the new investigation supports the essence of the old investigation, we would recharge his client and prosecute the case fully, as was my intention all along."
Kolbe also said he supported Rovenstine's decision to place Mooney on administrative leave. "I do not believe the failure to disclose evidence involved a malicious intent," he said. "Rather, if anything, it was a case of negligence."
Rovenstine said he had asked his investigators to conclude the investigation quickly, and said he will re-evaluate Mooney's situation when he receives the final report.
Mooney will continue to be paid while he is on leave, Rovenstine said.
